Protection from Redundancy (Pregnancy and Family Leave) Bill Second
Reading 11.51am Moved by Baroness Bertin That the Bill be now read
a second time. Baroness Bertin (Con) I begin by thanking the
honourable Member for Barnsley Central for all his hard work in
taking this Bill through the other place. Thanks to his
considerable effort, expertise and enthusiasm, we have a workable
Bill which is supported by the Government and all political parties
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Protection from Redundancy (Pregnancy and Family Leave) Bill
Second Reading
11.51am
Moved by
That the Bill be now read a second time.
(Con)
I begin by thanking the honourable Member for Barnsley Central
for all his hard work in taking this Bill through the other
place. Thanks to his considerable effort, expertise and
enthusiasm, we have a workable Bill which is supported by the
Government and all political parties and by key external
stakeholders, including the CBI. It was even described as a
“group hug” in the other place in
Committee. I do not think we do enough political group hugging,
so I sincerely hope I can deliver the same joined-up spirit
today.
I pay tribute to the officials at the Department for Business and
Trade for their excellent work in supporting the Bill and in
supporting me. I echo also the honourable Member for Barnsley
Central’s sincere thanks to the Equality and Human Rights
Commission, the TUC—that is not something noble Lords will hear
me say often, but I do thank it on this Bill—the Royal College of
Midwives, UNISON, Pregnant Then Screwed—which has been a very
powerful campaigning group on this issue; I know that many women
will be grateful for its efforts—the Fawcett Society and the
Chartered Institute of Personnel and Development. All these
groups have been instrumental in making this Bill happen.
To give noble Lords some context on this legislation and why it
matters, according to figures from a report commissioned by the
Equality and Human Rights Commission, at least 54,000 women a
year get pushed out of the workforce after becoming pregnant. I
had to double-check that figure—I thought it must be a typo or
the number must span over 10 years, but it does not. That equates
to one in nine women either being dismissed, made compulsorily
redundant, or being treated so poorly that they felt they had to
leave their job.
Further to that, in 2018 YouGov conducted a survey to understand
managers’ attitudes around pregnancy and maternity
discrimination. Almost half of employers agreed it was quite
reasonable to ask women during the recruitment process whether
they have young children. One-third believed that women who
become pregnant and new mothers in work are generally less
interested in their career progression. Four in 10 employers
agreed that pregnancy in the workplace put an unnecessary cost
burden on them. That was in 2018 but I would be surprised if
those attitudes had changed radically, so we still have some way
to go on this issue. I think we can all agree that the figure of
54,000 women being pushed out of work does not belong in a
progressive and modern society.
Becoming a parent is the most exciting and rewarding, but often
the most challenging, thing that a person can do. I am lucky
enough—or mad enough, depending on which day you catch me—to have
done it three times. But it is also an anxious time, from the
minute you find out you are pregnant to the moment you hold your
baby—God willing—and during all the months and years that follow.
I believe very strongly that no woman should ever have to fear
losing her job because she is pregnant or because she has taken
her entitled leave.
The current regulations under the Employment Rights Act 1996 and
the Maternity and Parental Leave etc. Regulations—MAPLE for
short, which is how I will refer to them, for the sake of all our
sanities—put a woman on maternity leave in a preferential
position in a redundancy situation so that she goes to the back
of the queue when jobs are being cut. There are parallel
regulations, as many noble Lords will be aware, which have the
same effect for parents taking adoption leave or shared parental
leave.
The point of the Bill is to extend the redundancy protection I
have described into the period of pregnancy and for a longer
period after the return to work, thus alleviating much of the
anxiety around job security that a pregnant woman or a new parent
may face. The clauses in the Bill are simple but important. They
will give the Secretary of State a new power so that regulations
on redundancy can be made during a protected period of pregnancy
and an amended power so that regulations on redundancy can be
made during or after a period of relevant leave. That relevant
leave is currently maternity leave, adoption leave or shared
parental leave.
I am very glad that shared parental leave is included in this
extended protection. We must get better in this country at
encouraging fathers and partners to take up a proportion of their
shared leave. Nearly all the evidence points to improved family
outcomes, and legislation such as this, although not a silver
bullet, helps maintain momentum in that culture shift. I think
attitudes have improved in this regard but let us be under no
illusions: uptake is still very low. I am sure there are
financial reasons and quite understandable financial
considerations for that and that is not something we can hope to
settle in this debate.
Let us also acknowledge that, in some industries and companies, a
father taking a decent chunk of parental leave is still akin to
committing career suicide. I think that this macho way of
thinking has a big impact on us gaining real equality between the
sexes. Big, profitable organisations should be running towards
generous shared parental leave schemes. They want their talent
pipelines to be stuffed with great women as well as men and this
is one way to do it—we know that. Until the burden of
responsibility is shared more evenly in those early years, I do
not think we will ever really achieve real equality between the
sexes in the workforce.
Going back briefly to the technicalities of the Bill, clearly
these are delegated powers in the clauses I referred to earlier.
Noble Lords, quite rightly, are often concerned that we should be
clear about the need for delegated powers and how these will be
used. The Bill deals with matters linked to existing delegated
powers. To achieve a consistent effect, provisions are therefore
drafted in similar terms in the Bill. The powers in the Bill
mirror, in so far as it is possible, the approach in the existing
MAPLE legislation. These have been on the statute book for some
time and are well understood by employers and the legal
community. I reassure noble Lords that the Bill is clear that
regulations made under the new powers will be subject to the
affirmative resolution procedure and that Parliament will have
the opportunity to debate and consider the detail the regulations
set out. I am delighted that last night the Delegated Powers and
Regulatory Reform Committee’s report said:
“There is nothing in this private member’s Bill which we would
wish to draw to the attention of the House”.
I hope that reassures noble Lords.
Redundancy protection will apply from the point a woman tells her
employer she is pregnant and for 18 months after the birth of the
child, covering the period of parental leave and a return-to-work
period. The 18-month period of redundancy protection means
that a mother returning from 12 months of maternity leave will
receive six months’ additional protection when she goes back to
work. It is a very simple approach, allowing both new parents and
their employers to easily understand those requirements and it
accommodates parents who make use of shared parental leave which
can be taken in discontinuous blocks.
I know that the Government continue to work very constructively
with stakeholders who really understand this issue inside out—I
want to praise the Government on that—on the finer detail of how
it will work and how the legislation will be most effective.
Indeed, there are ongoing discussions with the Government on
several areas, the most contentious perhaps being the qualifying
period. Currently, there is a proposal to include in the
regulations a qualifying period of six consecutive weeks of
family leave before you are entitled to these redundancy
protections. I urge the Government to reach an agreement whereby
maternity leave is exempt from that period. Such a threshold
could inadvertently leave a new mother, who may be forced to
curtail her leave for whatever reason, doubly unprotected and
vulnerable. I fully back keeping a qualifying period for shared
parental leave; this feels just and reasonable, and encourages a
meaningful uptake—why that is so important was discussed
earlier.
In conclusion, this Bill is a welcome strengthening of the
redundancy protection for pregnant women and parents. Not only
will it prevent unscrupulous employers discriminating against
pregnant women—as we have seen that they still do, and can do—but
it acknowledges that you are not necessarily on a level playing
field as soon as you come back from your maternity leave, or your
shared parental leave, if you have taken a significant amount. To
be put on a level playing field in a round of job cuts is simply
not fair when you have come straight back from your leave.
This is a progressive policy, which I am proud to be involved in.
I thank all noble Lords in advance of this debate for their
contributions. The Bill will make a real difference to people’s
lives—to the woman telling her boss, not with trepidation but now
with confidence, that she is pregnant, and to the mother
returning to work after maternity leave, knowing that her job is
safer and more secure. This is a small step, but it has wider
significance. It is a statement about the sort of society we are
and want to be, one that protects and values parents, and the
sort of economy that we are trying to build, one that makes the
most of all its talents. I beg to move.
12.02pm
(Lab)
My Lords, for the second time today, it is a pleasure to support
a Bill. I am only sorry that my noble friend Lady Chapman is not
here to hear me make the second most enthusiastic speech that I
have ever made in your Lordships’ House. It is a particular
pleasure to do so as we approach International Women’s Day next
week. Noble Lords will be aware of an analysis published by the
World Economic Forum which found that the pandemic has slowed the
global trend towards gender equality by more than three decades.
In that context, this Bill will make a real contribution towards
a more equitable working environment for women in this
country.
I congratulate the noble Baroness, Lady Bertin, not only on
sponsoring the Bill but on making, if I may say so, a profoundly
convincing case for it. It was a speech that only a working
mother could make, all the more powerful in being made by a
Member of your Lordships’ House who has been at the very centre
of government in this country. She reminded us that the genesis
of the Bill can, in part, be traced back to 2015, and research
commissioned by the Cameron Government. She shared some of the
findings of that and other research. That research found that,
disturbingly, 77% of mothers surveyed had faced some form of
discrimination or disadvantage during pregnancy or maternity
leave, or when returning to work from maternity leave. More
worrying still was the attitude of the employers surveyed.
Despite years of equality legislation and attempts to change
people’s attitudes, some 70% said they felt a woman should reveal
if she were pregnant during the recruitment process and, more
egregiously, 25% felt that they were entitled to ask a woman
about her plans to have children in future. As we have heard,
more recent work undertaken to assess the impact of the pandemic
on expectant mothers at work suggests that a quarter had
experienced unfair treatment, with this being significantly more
probable at the lowest end of the income scale.
In the Second Reading of the Bill in the other place, the Bill’s
sponsor invoked the redundancy protection model in Germany—and
indeed this same model was commended by the Women and Equalities
Select Committee in 2016 when reporting on this same issue.
Although a straightforward transposition of the German model into
UK legislation is impossible, the Bill as it stands comes as
close to extending those same protections into UK law as is
possible, while taking into account the divergences between the
two countries. I am bound to say that those divergences are
significantly to our disadvantage.
As it happens, I have friends in Munich with young children, and,
in the margins of the Munich Security Conference, which I
attended a couple of weeks ago, I visited them. It is astonishing
the degree to which they, their employers and the whole
environment benefits extraordinarily from the German attitude to
the support of families with children. It is not the only aspect
of German employment policy that we could learn from, but we
should learn more from it because it is consistent not only with
a positive attitude to children, and their growth and
development, but with a successful industrial economy in the
modern global world.
This legislation will strengthen the Equality Act 2010, which
already prohibits discrimination on the grounds of pregnancy and
prevents employers laying off new mothers by extending redundancy
protections to six months. I shall not labour this point, because
it is directly analogous to something that I addressed at greater
length in my remarks in the debate immediately preceding this
one. However, it is frustrating that repeated commitments from
the Government to introduce an employment Bill, of which these
provisions were to be part, have failed to materialise. Each year
there are somewhere in the region of half a million pregnant
women in the workplace. This is not, therefore, a peripheral
issue or something artificially amplified by sections of our
community but something which will,
in some form, affect all of us. Given that we have been promised
action on this since 2016, with an employment Bill eventually
being included in the 2019 Queen’s Speech before Covid derailed
the legislative programme, why has it taken seven years, pricked
by the spur of a Private Member’s Bill, for the Government to
consent to act on this issue?
My hope and expectation is that the Bill will have universal
support as it passes through your Lordships’ House. I do not wish
to take up time that could otherwise be filled by the expression
of full-throated support by other noble Lords, but I would like
to mention the issue of employment tribunals. The Bill today, and
the consequent regulations to be made by the Minister, will not
apply a comprehensive blanket ban on making a pregnant woman or
those on parental leave redundant, but it will markedly
strengthen their chances of making a successful claim of unfair
dismissal through the employment tribunal system. However, that
system is, if not broken, at least hugely dysfunctional.
Figures released by the Ministry of Justice a few weeks ago show
that it takes an average of 49 weeks for a case to be heard by a
tribunal. It is a grim irony that, as it stands, the average wait
for a new mother to receive justice would be longer than her
pregnancy. It is worth emphasising that this is simply the time
until the first hearing, which in many cases is only the start of
an elongated process that is further bedevilled by delay. If the
Government wish this Bill to be effective and to really protect
pregnant women and new mothers, as I am sure they do, their first
priority must be to bring down the tribunal backlog, currently at
close to half a million cases. Simply citing the pressures of
Covid is not good enough. Waiting times have been lengthening
since tribunal fees were declared unlawful in 2017. When the
Minister responds, I would be very grateful if this question
could be addressed.
I close by commending once again the noble Baroness, Lady Bertin,
for the thoroughness and care that she has displayed in bringing
this Bill before your Lordships’ House today. She offers us a
good opportunity to show your Lordships’ support for it to
progress, I hope swiftly, into law.
12.10pm
(LD)
My Lords, it is a great pleasure to follow the noble Lord, Lord
Browne. We are in danger of basking in his enthusiasm, having had
two speeches in succession.
There is only a small number of speakers in this debate, but that
reflects the fact that, to use a phrase we heard when discussing
the previous Bill, this seems like a slam dunk. It is a Bill that
we should not be speaking against. In advance of his speech, I
welcome the noble Lord, , to his first Front-Bench
speech—the first of many, we hope. My speech will be relatively
short, because the preceding speakers have covered a whole
tranche of it. The noble Baroness set out a compelling case for
the Bill, which I have to say, as did the noble Lord, Lord
Browne, has been a long time coming.
The Bill owes its existence to 2019, when the Government
announced that they would extend redundancy protections, but of
course it goes back
much further than that. The Queen’s Speech in 2019 contained a
government commitment to introduce an employment Bill, as we have
just heard, that would extend redundancy protections and prevent
maternity discrimination, among other things. To date, we have
not seen that employment Bill, and it was not included in the
Queen’s Speech in 2021 or 2022. I ask the Minister if I am right
in saying that this tranche of government-supported Private
Members’ Bills, which in a sense fillet some aspects of that
employment Bill, is a sign that we will not be seeing an
employment Bill in this Parliament. Many of us are beginning to
draw that conclusion. We would say, and I am sure other Members
of your Lordships’ House would agree, that that is a tremendous
shame. There is a huge amount of work that needs to be done in
that employment Bill, and many people will be disappointed.
I turn to the Private Member’s Bill in hand. It is very good that
the Government are choosing to support the Bill, which was led by
in the Commons and so eloquently by the noble
Baroness, Lady Bertin, here. It is a big step forward, and they
are both to be very much credited for bringing it forward. I am
delighted that it will receive government support—and of course
it will receive support from these Benches.
As we know, the Bill will enable the Secretary of State to make
regulations about protection from redundancy during and after
pregnancy, and for six months after returning from maternity,
adoption or shared parental leave. The Bill will deliver the
government commitment that was made in 2019. Sometimes it is good
to recognise that Bills come in different ways; most of us work
on primary legislation in an adversarial way, and it is good to
see us joining across the House to welcome this.
A real driving force behind the Bill was the 2016 EHRC landmark
investigation into pregnancy and maternity discrimination at
work. It came up with the need to extend the period covered by
existing protections against unfair selection for redundancy
under Regulation 10 of the Maternity and Parental Leave etc.
Regulations 1999, so as to cover both pregnancy and the six-month
period after returning to work from maternity, adoption or shared
parental leave.
Like the noble Baroness, I was shocked by the numbers; I had to
go back and look at them. There seems to be agreement that 54,000
new mothers do not go back to their job after maternity leave.
That is a huge waste of human capital, as well as undermining the
family economies of some of our poorer families across the
country. The noble Baroness cited 2018 data. Unison has provided
me with a briefing which refers to a TUC survey in 2020 of more
than 3,000 women, and the numbers are very similar: one in four
women had experienced unfair treatment at work, including being
singled out for redundancy and furlough—which was another
version, in a sense. It is very much at the low-paid end where
most of this happens. Low-paid women—those earning less than
£23,000 a year—were much more likely than women with higher
salaries to be victims of this sort of discrimination. Gong
forward with the Bill will therefore have a discriminatory
advantage both in terms of sex and the economy.
Those of us who have worked in business know that it is really
important to give women who come back from maternity leave a
proper opportunity to get their feet back under the table and to
get back into the system. The Bill will make it impossible for
unscrupulous employers to get rid of women in a way that has
clearly been happening systematically across the country.
As we have heard, the Bill received support from the Government
and MPs from all parties during its passage through the House of
Commons. There have been voices beyond your Lordships’ House that
say that it does not address all the underlying issues within the
legal system. I am sure this is true, but it undeniably moves
things forward, and for that reason it has our full support.
The noble Lord, Lord Browne, cited the German experience. I have
quite a lot of experience of that, having worked for businesses
that had a big footprint in continental Europe. I add to that the
experience of Sweden, which is even further down the road of
cultural change. The way that Swedish employment law operates has
created a family-centric culture in that country. I do not
pretend that the Bill will achieve that, but it is certainly a
step in the right direction.
12.16pm
(Lab)
My Lords, I thank my honourable friend in the other place, the
Member for Barnsley Central, , and congratulate him on his important Bill. I also
thank the noble Baroness, Lady Bertin, for sponsoring the Bill
and introducing it with a passionate and powerful presentation. I
thank the noble Lord, , for his very warm welcome. I
always look forward to hearing my noble friend Lord Browne of
Ladyton’s enthusiastic speeches. I thank everyone for their
contributions on the Bill.
Many noble Lords will recall this feeling: the sense of
anticipation and trepidation; the gratitude for the work of the
team around you; and the hope that the delivery will be
successful, sensing that after this day your life will never
quite be the same again. The first time, one cannot help but feel
especially anxious, despite knowing that some people have been
through this experience many times. I am of course referring to
standing at the Dispatch Box to speak in support of a Bill.
The noble Baroness, Lady Bertin, and the noble Lord, , have already mentioned that some
54,000 new parents each year are potentially affected by the
issues addressed in the Bill. Delays since 2019 mean that a
further 200,000 people may have faced dismissal or compulsory
redundancy because of pregnancy, marring what should be a joyful,
if exhausting, time in their lives. So although this has taken a
rather long time, I am pleased that, at Third Reading in the
other place, the Government committed to supporting the Bill. I
can confirm that the Labour Party also gives its full
support.
Let me be very clear. The Bill should not be seen as providing
the absolute minimum baseline for how employers should respect
and treat their female employees. As many noble Lords will be
aware, some of the charities working in this space do not support
the Bill because they do not feel it goes far enough.
While I recognise those concerns, I argue that although the Bill
is not a silver bullet, it is at least a step in the right
direction. But, if we delay it any further, we should be mindful
of the 54,000 people each year who will not be protected by the
support that it offers. Of course, there is more to be done in
changing attitudes and improving legislation. I was disappointed
to discover that five years after the Equality Act 2010 became
law, a survey showed that one-quarter—one-quarter!—of employers
still felt it was reasonable to ask women about their plans to
have children, and almost three-quarters felt that women should
declare if they were pregnant during recruitment. While I hope
that these attitudes will have improved since 2015, I am sure
that they will not have disappeared.
The world of work and the demographics of the workforce in this
21st century are going to be completely different from what many
of us experienced in our younger days. The cost of housing means
that most young couples need two incomes to run a household, and
especially—as many of us can testify—to bring up a family. Birth
rates are historically low. Furthermore, the proportion of people
of working age in relation to those in retirement is falling.
This has been aggravated since the pandemic by the increase of
people in early middle age leaving the workforce, as vacancy
rates testify. We should be supporting—not penalising—people who
want to remain in work. Furthermore, it is in the interests of
employers, who want to attract the best and brightest employees
of the future. We should remember that around 60% of UK graduates
are now women, so it makes sense to have policies and practices
around maternity which offer security and support, free from
fears of discrimination.
The increasing shift to hybrid working in many jobs—it will only
increase as technology develops—should permit innovative and
creative solutions to some of the physical and mental challenges
faced during pregnancy and early parenthood. While we should
encourage employers to do far more than the statutory minimum,
the Bill should reassure new parents—and those who tragically
lose their babies through miscarriages—that they do not have to
become embroiled in litigation or expensive and long tribunal
processes at what will always be an incredibly stressful
time.
While I do not want to get ahead of myself, I draw the attention
of those in your Lordships’ House who are concerned that this
does not go far enough to Labour’s A New Deal for Working People.
My party has committed to
“extending statutory maternity and paternity leave, introducing
the right to bereavement leave and strengthening protections for
pregnant women by making it unlawful to dismiss a woman who is
pregnant for six months after her return, except in specific
circumstances.”
Under a future Labour government, I feel sure that we will be
revising and revisiting this legislation and addressing the
concerns of those who feel that the Bill does not go far
enough.
I urge noble Lords to support the Bill, which represents the
minimum that new parents should expect from employers as they
begin one of the most important, joyful and essential
journeys—though often challenging and sleep-starved—that a human
being can make: bringing a new life into this world. I urge noble
Lords
that we turbocharge this Bill through this House—and perhaps we
can set a precedent by having a political group hug.
12.24pm
The Minister of State, Department for Business and Trade ( of Lainston) (Con)
Hear, hear. I congratulate the noble Lord, , on a fabulous first outing at
the Dispatch Box. I believe that he was in the same cohort as
myself in October last year. Like him, I feel like a troop in
some war film; I arrived as a fresh recruit and a musket was
thrust into my hand, and I was pushed forward to the front line.
I thought that he acquitted himself beautifully, and I look
forward to many hours debating with him over the next few years.
This is a subject that is clearly extremely dear to both our
hearts. I really do feel deeply moved by the words I have heard
during this debate. I thank the noble Baroness, Lady Bertin, for
introducing the Bill today and for her comments and technical
coverage, which were extremely useful. It is an honour for me, as
a father, to confirm this Government’s ongoing support for this
absolutely essential Bill. I also pay tribute to for initiating the process that led to us being able
to be here at this moment debating such an important and clearly
right topic.
Pregnancy and maternity discrimination has been a cause for
concern for some time, as has been raised by noble Lords today.
The noble Baroness highlighted the research which showed that
54,000 women are forced out of work a year; that was also echoed
by the noble Lord, Lord Browne. The noble Lord, , commented that 54,000 women were
not returning to work after maternity, but I am sure he misquoted
this point. I am only emphasising it because of the important
fact that, actually, these are women coming back after maternity
who are being forced out of work. It is not of their choosing.
This is on top of mothers who are coming back to work and feeling
pressured to leave the workforce. It is a separate point and an
enormous number. These figures are absolutely shocking. In 2017,
the Women and Equalities Select Committee undertook an inquiry
into pregnancy and maternity discrimination. Its headline
conclusion was that
“pregnant women and mothers report more discrimination and poor
treatment at work now than they did a decade ago.”
We would like to think that we have a progression in our society,
in terms of respect for and understanding the vitality of
motherhood in our workplaces. It is tragic to discover that,
according to this evidence, it is not the case. It is absolutely
right that this Government are taking forward these moves in
supporting this Private Member’s Bill.
I will cover some of the comments made by the noble Lords, Lord
Browne and , based around the systems of
other countries. I too investigated what other countries do with
interest. We should aim for the very best policies that we can to
encourage these sentiments and activities. However, given where
and how the German and Swedish systems operate, I think the
processes and proposals here go a long way towards achieving our
ambitions, as noble Lords were right to say. As is often the case
in legislation, this is a journey. I hope the noble Lord, , will agree that it is essential
that we put this in place now so these measures
can be built on. I believe there are sentiment or cultural
changes that will come from further legislation. I support this
as a result while paying attention to, investigating and noting
what other countries aspire to so that we may also aspire to
those levels.
I will turn to some of the other points. In January 2019, the
Government consulted on extending redundancy protection for women
and new parents. We received 643 responses, which is a
considerably high number for these sorts of consultations. The
majority strongly agreed or agreed—and this refers to the
question of whether or not we are going far enough—that six
months would be an appropriate period of “return to work” for
redundancy protection purposes, and that protection should be
extended to parents who have taken adoption leave and shared
parental leave. This shows we have struck a very sensible and
appropriate approach. The noble Baroness, Lady Bertin, raised an
important point about the entitlement period—if I have the phrase
right. This will be covered in the consultation process which
will follow the Bill. That is important, as is right that there
is a threshold limit for some elements of shared parental leave.
That would only be fair and proper and, given our direction of
travel, would fit in well. I stress to this House that these are
major steps in ensuring that parents can return to work and be
protected. That is what this is about.
I stress that in November 2019 the Conservative manifesto—we were
discussing manifestos earlier and the noble Lord, , mentioned his party’s
manifesto going forward, so I would like to look at our party
manifesto historically—made a commitment on redundancy
protection.
Questions have been raised about an employment Bill and why we
are doing this now. There are no plans, as far as I am aware, to
bring in an employment Bill. That is why it is all the more
important that the Bills that we are discussing today are
enacted, since they form an important component of how we wish to
run our employment legislation. In 2019 the Government published
a consultation on this issue and announced steps to bring forward
legislation to implement these changes. We are pleased to support
this Private Member’s Bill, because it delivers stronger
redundancy protections for pregnant women and those returning
from parental leave.
I am also extremely pleased at the degree of cross-party
co-operation and support in the other place. It is a testament to
the strength of our system that we can work across parties, put
aside our rivalries and deliver change which will make a real and
positive impact on people’s lives. However, I would not like the
noble Lord, , to think that every debate
with me will be so amicable as to either begin or end with a
group hug.
There are a few technical details before to I come to a
conclusion. As set out by my noble friend Lady Bertin, the Bill
will give the Secretary of State the power through regulations to
extend the MAPLE protection into pregnancy and for a period
following the birth of a child covering the return to work
period. The existing redundancy protection that applies when a
parent is taking relevant leave will remain unchanged. The
result
will be that redundancy protection will apply consistently from
the point when a woman tells her employer she is pregnant all the
way through to 18 months after the child is born.
I am very aware, as I am sure noble Lords are, that businesses
have to accommodate these important changes. We think it is
essential for the way we wish to structure and construct our
society. We also believe it is essential in order to have a
sustainable workforce that we bring these measures to bear.
However, it is not the Government’s intention needlessly to
burden businesses with excessive regulatory burdens. I think we
would agree with that, since they power our economy. This Private
Member’s Bill does one thing which I think is very important: it
makes it much simpler for businesses. Maternity legislation can
be complex, and by having a very simple timeframe, as I have just
described, redundancy protection will apply consistently from the
point a woman tells her employer she is pregnant all the way
through to 18 months after the child is born: it is clear for
everyone to understand. I think that is very important indeed. I
hope that businesses see this as a clarification rather than a
confusion, and I know that the general public will be pleased to
see the simplicity and clarity of this approach.
I am also pleased to reassure this House that the powers in this
Bill as far as possible mirror the provisions relating to the
existing MAPLE regulation 1999. I believe we had confirmation of
that yesterday or the day before, when the Delegated Powers and
Regulatory Reform Committee published its report stating simply
that there was nothing in the Bill to which it wished to draw the
attention of the House. I hope this is ample reassurance for
noble Lords.
To conclude, these measures will provide valuable support and
protection for pregnant women and parents after parental leave.
The Government are pleased to support this Private Member’s Bill
and to deliver our manifesto commitment. Supporting this Bill is
in line with our ongoing commitment to supporting workers,
working mothers and parents and building a high-skilled, highly
productive, high-wage and fair economy. I believe it is simple
for business, and I believe it is absolutely the right thing to
do on our journey to building a better society. I look forward to
continuing to work with my noble friend Lady Bertin as the Bill
progresses through the House.
12.35pm
(Con)
I thank noble Lords for their contributions today. There were
numerous contributions, which I take as a positive sign. They
were so supportive that I would like to acknowledge each one. I
thought the noble Lord, Lord Browne, made a very powerful speech.
He told an anecdote about Germany and how culturally different we
are. It does not get more high-powered than the Munich Security
Conference. Acknowledging that children are part of every element
of life is something that we need to get better at in this
country. Culture change takes a long time, but legislation can
sound the starting gun for that, although this Bill is not going
to solve everything. The noble Lord made good points on tribunals
as well. I will not comment on that here, but I do hear what he
is saying, if I could put it that way.
I say a big thank you to the noble Lord, . I was very grateful for his
speech and also for acknowledging that when we have agreement we
must agree with each other—and we definitely need to do a bit
more group hugging. I think the public want that from us. Where
we can agree, we should come together, even if we are on other
sides of the fence. He made a very important point, which it is
right to acknowledge: some organisations have not been
necessarily 100% behind this Bill. It is a very hackneyed phrase,
and I hate to use it, but of course if you had a blank sheet of
paper maybe you would start again and do things slightly
differently. We do not, and we must be careful that we do not let
perfection get in the way of good.
The noble Lord, , made that point very well. I
had not realised that this was his first outing on the Front
Bench, so I feel very honoured to be part of the beginning of
this chapter. I very much enjoyed his speech. I thought it was
very well made, and I hope to have many more interactions with
the noble Lord going forward. Again, I am very grateful to him
for his robust defence of the Bill and for acknowledging that
some organisations—not many, but some—have pushed back on it.
I also appreciate the point about birth rates falling. Being a
parent these days is really quite tough. When I think back to
when my mother was raising us, the homework levels now are so
much higher, and the pressures that we have to run with as
parents. It does not surprise me at all that people are thinking,
“D’you know what? I don’t really fancy this”. It is very
expensive and the pressures are there. I think it is right to
acknowledge that. We must support, not penalise, parents who want
to remain in the workplace, particularly mothers. We must double
down on that.
Finally, I thank my noble friend for the Government’s
response. It was a very eloquent and thorough reply. The
Government have obviously thought long and hard about this
subject. We must acknowledge that they are very committed to this
issue. We have moved very far forward. On timing, we always want
to do these things a lot quicker, but the reality of government
and the challenges that the Government face mean that that is not
always possible. I think that we should acknowledge the progress
that has been made under this Conservative Government. It has
been a progressive time in office, and I am proud of that.
My noble friend also talked about the vitality of motherhood in
the workplace. No self-respecting company or organisation should
think, “How can we get mothers out of the workplace?” What a
disgrace. We should be thinking, “How can we get mothers back
into the workplace?” They offer so much and their organisations
are far richer for them.
My noble friend also said that we were on a journey and that we
would build upon it, and I look forward to walking with him on
that route. Manifestos have been mentioned. I hope and am certain
that the Conservative manifesto will give a very strong and
powerful offering to parents. It must, because that is the way to
electoral victory. I therefore invite noble Lords to support the
Second Reading of the Bill.
Bill read a second time and committed to a Committee of the Whole
House.
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